Ga. Comp. R. & Regs. R. 300-2-3-.05 - Charges to Experience Rating Account
Current through Rules and Regulations filed through April 4, 2022
(1) An employer shall be charged for all
benefits paid as a consequence of the employer's failure to provide a timely
written response to a claim for unemployment insurance benefits, regardless of
whether the previous determination to pay benefits is later reversed on appeal
or if an overpayment is established.
(2) Effective October 22, 2013, pursuant to
requirements of Section 252 of the Trade Adjustment Assistance Extension Act of
2011 (TAAEA), amending Section 3303 of the Federal Unemployment Tax Act (FUTA)
at subsection (f) and interpreting Section 3309(a) (2) consistently therewith
for employers electing reimbursable status under O.C.G.A.§
34-8-158,
and the authority of the Commissioner of Labor under O.C.G.A.§
34-8-93,
an employer's account shall be charged and may not be relieved of charges,
regardless of whether the associated determination to pay benefits is later
reversed on appeal or if an overpayment is established, whenever an employer or
an agent for that employer was at fault, without substantial good cause, for
failing to respond timely or adequately to the request of the department for
information relating to the associated claim for benefits that was subsequently
improperly paid and
(a) the employer or an
agent for the employer has failed to timely or adequately respond, during the
current calendar year, to any requested reports of the department with respect
to three (3) individual claims established or,
(b) effective April 24, 2014, the employer or
an agent for the employer has failed to timely or adequately respond, during
the same calendar year, to any requested reports of the Department with respect
to three (3) individual claims established which also resulted in benefit
overpayments.
(3) As of
the effective date of this subsection, the restriction on relief from charges
for the claim shall be imposed for each week of state or federal unemployment
benefits that is determined to be an overpayment until the claimant is no
longer eligible for unemployment benefits and no additional benefit payments
are issued to the claimant.
(4) As
of the effective date of this subsection, the restriction on relief from
charges in this subparagraph shall be applicable to both contributory and
reimbursable account employers.
(5)
As of the effective date of this subsection, the limitations on charges to
employers under O.C.G.A.§
34-8-157(b)(2)
regarding wages paid at subsection (b)(2)(A), waiver of overpayments at
subsection (b)(2)(C), and benefits paid for unemployment that is directly
caused by a presidentially declared natural disaster at subsection (b)(2)(D),
shall not apply to provide relief from charges restricted under this
subsection.
(6) "Substantial good
cause" for failure to respond timely or adequately to the request of the
department for information relating to a claim for benefits shall require a
showing of extenuating circumstances which prevented the timely or adequate
filing by the employer, or the employer's agent, as appropriate, and that such
extenuating circumstances were beyond the employer's or the employer's agent's
control.
(7) The statutory "cap" on
benefit charges provided in O.C.G.A.§
34-8-157
shall not apply to Extended Benefits paid under O.C.G.A. §
34-8-197.
Notes
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